Published: March 18, 2025
The United States Citizenship and Immigration Services (USCIS) selected 114,017 beneficiaries during the initial selection for the FY 2025 H-1B cap. Of these registrations, 120,603 were initially selected. Subsequently, the agency announced a second random selection from the existing registrations to reach the numerical allocations for the FY 2025 H-1B regular cap. Out of the 13,607 beneficiaries, there were 14,534 registrations selected in the second lottery.
One common question among employers or candidates is whether they can file an H-1B petition when a degree is still pending. Learn the intricacies of this process and essential considerations.
Degree Completion Requirement for H-1B Petitions
Professional occupations across a wide range of specialized fields can be eligible for H-1B visas. Science, technology, engineering, and mathematics (STEM) professions are typical examples of specialties that require H-1B workers.
The H-1B specialty occupation requires a minimum of a US bachelor’s degree or its foreign equivalent upon filing. Since H1-B visas typically require proof of a degree, completing one is highly imperative.
USCIS considers a degree complete if you meet all the requirements by the H-1B filing date. Additionally, the only outstanding requirement must be the graduation ceremony itself. That means you can file an H-1B petition when you’re nearing graduation even if the formal degree hasn’t yet been conferred.
Applying for an H-1B Visa With a Pending Degree
The H-1B cap calendar can provide better opportunities for recent foreign graduates. For instance, USCIS opened the initial registration for the FY 2025 H-1B on March 6, 2024, and extended it to March 25, 2024. They notified selected registrants by March 31, 2024.
Although USCIS hasn’t yet announced the FY 2026 H-1B cap registration period, it’s anticipated to fall on the same timeline. Typically, there’s a three-month window to prepare and file an H-1B petition after being selected for the H-1B cap registrations.
The H-1B employer can submit the petition on your behalf, provided that you completed the degree and other requirements by the filing window, which typically runs from April 1 to June 30.
USCIS may issue a Request for Evidence (RFE) for additional proof of the education requirements. Failure to promptly address the RFE may result in H-1B petition denials or significant delays in the processing.
Contact ALG Lawyers for Expert H-1B Assistance
The demand for H-1B visas often exceeds the annual numerical allocation. Thus, exploring every opportunity to increase your chances of selection is extremely crucial. Applying early can be a strategic move, particularly for those nearing graduation. But timing is an essential consideration to satisfy the degree requirements and other eligibility criteria.
You must complete the degree in time for the H-1B filing window. An experienced Los Angeles immigration lawyer can help evaluate your eligibility as well as ensure accurate and timely filing of your H-1B petition. Contact our team at ALG Lawyers to assist you in the H-1B process and other immigration pathways.
(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)